CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey UNIT 7: Get to the Point!

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey UNIT 7: TO DO LIST  Discussion Board Discussion Board  CORNERSTONE – CHAPTER 4 CORNERSTONE – CHAPTER 4  Weekly Seminar Weekly Seminar  Quiz Quiz  Discussion Board Discussion Board  CORNERSTONE – CHAPTER 4 CORNERSTONE – CHAPTER 4  Weekly Seminar Weekly Seminar  Quiz Quiz

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey READ!  Reading Skills Reading Skills  Reading Comprehension Reading Comprehension  What Should Schools Do? Educational Leadership, 57(5), What Should Schools Do? Educational Leadership, 57(5),  Reading Skills Reading Skills  Reading Comprehension Reading Comprehension  What Should Schools Do? Educational Leadership, 57(5), What Should Schools Do? Educational Leadership, 57(5),

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Pack For Successful Reading  The material you are reading The material you are reading  The material you are reading The material you are reading

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Pack For Successful Reading  An Open Mind An Open Mind  An Open Mind An Open Mind

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Pack For Successful Reading  Pencils Pencils  Pencils Pencils

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Pack For Successful Reading  Highlighter Highlighter  Highlighter Highlighter

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Pack For Successful Reading  Paper Paper  Paper Paper

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Pack For Successful Reading  Dictionary Dictionary  Dictionary Dictionary

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CONCENTRATE  DISTRACTIONS DISTRACTIONS  NOTE TAKING NOTE TAKING  READING GOALS READING GOALS  TIME LIMITS TIME LIMITS  DISTRACTIONS DISTRACTIONS  NOTE TAKING NOTE TAKING  READING GOALS READING GOALS  TIME LIMITS TIME LIMITS

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Active Readers  Enjoy reading Enjoy reading  Visualize while reading Visualize while reading  Open Mind Open Mind  Enjoy reading Enjoy reading  Visualize while reading Visualize while reading  Open Mind Open Mind

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Passive Readers  Get it over with! Get it over with!  Only if I “have” to Only if I “have” to  Get it over with! Get it over with!  Only if I “have” to Only if I “have” to

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Make the most of your reading time!

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Why is it important to identify the key topic?

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Critical Reading  Question what you read Question what you read  Use research to verify Use research to verify  Keep an inquisitive eye! Keep an inquisitive eye!  Question what you read Question what you read  Use research to verify Use research to verify  Keep an inquisitive eye! Keep an inquisitive eye!

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey UNLOCKING THE KEYS TO SUCCESS  EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER PIECE OF YOUR FUTURE. EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER PIECE OF YOUR FUTURE.  EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER PIECE OF YOUR FUTURE. EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER PIECE OF YOUR FUTURE.

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey See you next week! Continue working on your final project! Continue working on your final project!

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Interviews and Interrogations Chapter 9

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Introduction It is the duty of each investigator to attempt to secure a confession from suspects they have arrested.

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Interview Versus Interrogation Interview  A relatively formal conversation conducted for the purpose of obtaining information. Interrogation  The systematic questioning of a person suspected of involvement in a crime for the purpose of obtaining a confession.

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey The Interview Process Interviewing witnesses, citizens, and victims:  Develop a plan of action  Conduct the interview in private  Place the interviewee at ease  Be a good listener  Ask the right questions Closed ended questions: Avoid! Open-ended questions: Yes!  Maintain control of the interview  Take brief notes  Adjourn the interview properly

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey The Suspect Interrogation Process Goals of the Interrogation: Learn the truth Obtain an admission of guilt Obtain all facts to determine the method of operation and the circumstances of the crime Gather information that enables investigators to arrive at logical conclusions Provide information for use by prosecutors in possible court action

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Legal Requirements of the Interrogation The confession reigns as one of the most influential types of evidence in a court proceeding Historically, lack of confession meant insufficient evidence  This lead to violent and coercive tactics. These are no longer permitted, these tactics have been replaced by Constitutional guarantees

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Safeguarding Against Police Misconduct Improper (even illegal) ways to obtain a confession:  Coercion Use of threat or use of illegal physical methods to induce a suspect to make an admission or confession  Duress The imposition of restrictions on physical behavior, such as prolonged interrogation, deprivation of water, food, or sleep  Physical constraint  Unreasonable delay in arraignment  Refusing legal council during interrogation

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Key Cases Brown v. Mississippi (1936)  Physical coercion used to obtain a confession is a violation of the Fourteenth Amendment Ashcraft v. Tennessee (1944)  Confession overturned because of a prolonged interrogation, duress, intimidation, and other psychological pressure Mallory v. United States (1957)  An officer making an arrest must take the accused, without necessary delay, before the nearest available magistrate and an official complaint must be filed without delay

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey The Suspect’s Right to Legal Counsel Example of a Miranda card, carried routinely and used by law enforcement situations in arrest situations.

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Sample Waiver of Rights Form

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey The public safety exception to Miranda  Police officers who are reasonably concerned for public safety may question persons who are not in custody and who have not been read the Miranda warning. Custodial interrogations  Miranda applies only when testimonial evidence is being sought  Does not apply to circumstances in which the suspect is free to leave

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Preparation for the Interrogation The Interrogation Setting  A key psychological factor contributing to successful interrogations is privacy.

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey The Interrogation Procedure Two investigators handle the interrogation  One conducts the investigation and the second acts as a witness Interrogation styles  Logical style  Sympathetic style  Indifferent style  Face-saving style  Egotistical style

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Verbal Symptoms of Deception Certain psychological and cultural differences can be indicative of lying Liars and Lying  Requires the deceiver to keep the facts straight  Truth tellers attempt to make sure that others understand Liars attempt to manage people’s perceptions

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Physical Characteristics of Lying Head position  Tilted, jutting forward, chin on chest Eyebrows  Both raised, one raised, squeezed together Eyes  Breaks eye contact, looks at ceiling and blinks, pupils dilated, closes eyes, narrowed eyes, rapid blinking Hands  Covers eyes, over mouth, on chin, touches/rubs nose, clasped together Legs and feet  Crossed, move beneath chair, one foot tucked

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Why Suspects Cooperate and Confess Suspects often cooperate while searching for information about what exactly the investigator knows about the crime. Suspects make confessions when they believe that cooperation is the best course of action. Admission  Self-incriminating statement made by the suspect that falls short of an acknowledgement of guilt Confession  Direct acknowledgment by the suspect of his or her guilt in the commission of a specific crime or as being an integral part of a specific crime

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Written Statements Structuring the written statement Tape-recorded statements  The recording procedure Videotaped Confessions  Provide a complete and objective record of police- suspect interaction. Recap bias Framing the tapes

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey Use of the Polygraph Mechanical device used to help an investigator determine a suspect’s guilt or innocence—a “lie detector” Reliability  The consistency of the examination’s results Validity  The accuracy of the examination Administration  Should be a last-resort effort to attain a suspect’s confession  Can weed out suspects in an investigation and let the focus of the investigation fall on specific persons Admissibility  Not currently admissible as absolute evidence in court

CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey The Voice Stress Analyzer (VSA) Gaining popularity with law enforcement agencies Used as an investigative tool for  Verifying statements of witnesses  Denials of suspects  Determining the validity of allegations made against police officers